Establishing the Value of Damages After an Auto Accident

After an auto accident in Spartanburg, South Carolina, you are going to be dealing with a lot of different stresses and frequently overwhelming challenges, particularly when it comes to the injuries, property damage, and financial losses. You might be out of work because of your injuries. You might be out of a vehicle because of your property damage. You are probably facing substantial medical expenses. All of these things will fall under the economic damages that were caused by the incident. Yet, beyond this, you might also be dealing with the pain and suffering of your injuries, the stress and anxiety of your circumstances, and the psychological trauma associated with the accident, itself. These issues fall into the category of non-economic damages, for which you can also recover compensation.

The trouble is that you cannot simply say that you have sustained these damages and place an arbitrary value on them, particularly when it comes to damages that are difficult to calculate, like the non-economic damages. Rather, you’ve got to provide evidence of your actual economic damages, and of your pain and suffering, and other non-economic damages.

You can provide such evidence through medical records and bills, vehicle repair estimates, and statements from your employer that establish your lost wages. When it comes to your pain and suffering, the severity of your injuries will be important, and often revealed in medical records. Non-economic damages can also be supported by evidence from witness statements, the people in your life who have been there to support you through the challenges of recovery, and who know how much your life and psychological wellbeing has been impacted.

The Financial Damages Associated with Lost Wages and Earning Potential

There is a good chance that you’ll be dealing with lost wages after a Spartanburg, South Carolina auto accident injury. You may be in the hospital and/or at home, recovering from your injuries. Your lost wages are fairly easy to prove, because you can get a statement from your employer, and you can show your recent check stubs. Yet, you must also prove that your injuries did necessitate the time that you took off from work in recovery. If your injuries are minor enough that you could have returned to work, then this could be a problem. Most people would rather return to work, if possible, because they don’t want to face the financial challenges that are associated with lost wages. It is rare for someone to take unnecessary time off of work in anticipation of recovering compensation, because the process of doing so takes time, and your bills and other financial necessities are immediate and stressful.

Then, there are the cases where your future earning potential is also affected. This can be more challenging to prove. It will involve establishing that you suffer from a disability that will prevent you from engaging in your occupation or making your former income in the future. You must also prove that the disability was caused by the auto accident. The attorneys at Bryan Ramey & Associates will help you to establish your lost wages and lost future earning potential by reviewing your medical records and medical restrictions. We can also bring in expert witnesses to evaluate how your injuries are going to impact your future earning potential.

The Non-Economic Damages that Result from an Auto Accident

Your non-economic damages are going to include the pain and suffering associated with your physical injuries and the psychological impact of the accident and injuries. Because these are non-economic damages, they cannot be proven with medical bills. However, any expenses and records associated with seeking treatment for psychological conditions can be relevant here. Further, the more severe your injuries are, particularly if you have photos of significant bodily harm, the easier it will be to prove that you did endure physical pain and suffering. For example, a photo of a severe burn and medical records concerning how it was treated could be helpful in establishing that your pain and suffering was great.

Many people believe that the financial value of pain and suffering is calculated with a particular formula that applies to all cases, such as a multiplication on the value of economic damages. This is not true. Each case is different, and the value of your pain and suffering may be associated with similar cases from the past and what past victims have recovered for similar injuries. If you sustained a head injury, for example, your case might be compared with a past case of head injury that is similar to yours, to come up with a fair value for the associated pain and suffering. If you suffer from post traumatic stress disorder, then past cases that involve PTSD can be used to determine the approximate value of your psychological suffering.

Ultimately, this will all be sorted out through the insurance claim negotiation process.  If the case goes to trial, then it will be based on what the jury perceives your pain and suffering and/or psychological trauma to be worth. The more serious the damage and the more significant the impact on your life, the more compensation you are likely to be awarded. If you do have psychological suffering, you should seek out treatment from a mental healthcare professional. Otherwise, it may be more difficult to prove that you are enduring such suffering. Your mental healthcare professional’s witness statement and records could serve as evidence as well. If you required physical rehabilitation, then those professionals who worked with you through this process might also be able to provide insight into your mental condition.

Bryan Ramey & Associates are Here to Help You Through the Process

Any auto accident claim can be challenging in a variety of ways. It can take a lot of work to gather and evaluate the evidence, to investigate the accident, and to prove the true value of both your economic and non-economic damages. Yet, this is not a challenge that you must face alone. The experienced Spartanburg, SC car accident lawyers at Bryan Ramey & Associates are here for you, call today for a FREE consultation, and we will help you to successfully recover fair compensation for your auto accident damages in Spartanburg, SC.